Speed enforcement
Version : 18.0
Detailed table of contents
This chapter contains the following topics:
Summary
Speed tolerance thresholds
• Speed discretion levels
• Lower tolerance during official New Zealand holiday periods
• Use of discretion
• School zones
Speed enforcement by officers
• Tactics
• Police vehicle speedometers
• Estimated speeds
• Pace checking
• Who can use radar/laser equipment?
• Certification standards
• Calibration testing
• Deployment of radar/laser equipment
• Motorcycle officers
• Interference with operation of speed measuring device
• Roles and responsibilities
Speed camera enforcement
• Who can use speed camera enforcement equipment?
• Roles and responsibilities
Speed camera site selection and deployment
• Site selection process for static and mobile cameras
• Criteria for static speed camera sites
• Criteria for mobile speed camera sites
• Mobile speed camera deployment
• School zone mobile speed camera sites
- School zone overview
- School zone site selection
- Speed camera vehicle deployment standard
Speed camera deployment data and images
• Mobile and static cameras use digital media
• Send DVDs to the Police Infringement Bureau (PIB) within five days
• Static camera incident control number
Legal framework for speed enforcement
• Speeding offences
- Liability for moving vehicle offences
- Defences against proceedings
• Approved vehicle surveillance equipment
• Certification standards
• Speed camera equipment certificate of accuracy
• Evidential sufficiency of approved vehicle surveillance equipment image
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Summary
Excessive speed is a key cause of crashes in New Zealand and a major contributor to
injuries suffered. Proactive speed enforcement to change road driver behaviour is the
most effective enforcement activity, because of its wide deterrent effects, to reduce
vehicle speed.
Statistics from the New Zealand Transport Agency (NZTA) indicate that speed
contributed to 31 percent of fatal crashes and 14 percent of injury crashes in 2013. In
2013, 83 people died, 412 were seriously injured, and 1,434 received minor injuries in
crashes where speed was a contributing factor. The social cost of these crashes was
about $655 million.
Speed limits must be consistently enforced by appropriately trained Police employees,
using approved and calibrated equipment to:
• reduce mean speeds and influence a reduction in road trauma
• ensure Police enforcement action is fair and transparent
• provide motorists with certainty of outcome should they exceed a speed limit.
The content of this chapter covers both speed enforcement (estimated speeds, pace
checking and operating radar/laser equipment), and speed camera enforcement
(operation of mobile and static cameras).
This chapter applies to all Police employees.
Refer to the ‘Fleeing drivers’ and ‘Traffic patrol techniques’ chapters for stopping drivers.
For the operation of speed detection equipment refer to the Speed Detection Equipment
Operators Manual.
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Speed tolerance thresholds
This section contains the following topics:
• Speed tolerance levels
• Lower tolerance during official New Zealand holiday periods
• Use of discretion
• School zones
Speed tolerance levels
The following principles apply, other than in exceptional circumstances.
Drivers who are detected…
must be…
at a speed of more than 10 km/h above the speed limit
driving a heavy motor vehicle, at a speed of more than 5 km/h above
issued with an
the speed limit
infringement
towing a light trailer, at a speed of more than 5 km/h above the speed offence notice
limit
or charging
within a school zone, at a speed of more than 4 km/h above the speed document.
limit
Police may issue an offence notice at any speed above the posted speed limit, but should
take note of the above tolerance levels and exercise their discretion where appropriate.
If a driver is detected at a speed above the posted speed limit but below the speed
tolerance levels above, a verbal caution or the use of a written traffic warning may be
appropriate.
Remember: You must enforce speed limits fairly, transparently and
consistently.
Lower speed tolerance during official New Zealand holiday periods
Increased traffic density and higher than usual network demands increase the road
trauma risk during New Zealand’s official holiday periods.
Police will enforce a lowered speed tolerance of 4 km/h during official holiday periods.
Motorists exceeding the 4km/h tolerance must be dealt with promptly. The action taken
will be at the discretion of Police, after consideration of the circumstances surrounding
the offending. However, it is vital that visible Police action occurs.
The official New Zealand holiday periods, for which the Ministry of Transport reports
holiday fatalities, are the:
•
Easter holiday,
which covers the period from 4pm on the day before Good Friday to
6am the following Tuesday
•
Queen's Birthday holiday, which covers the period from 4pm on the Friday before
the weekend to 6am the following Tuesday
•
Labour Weekend holiday, which covers the period from 4pm on the Friday before
the holiday to 6am the following Tuesday
•
Christmas holiday, which covers the period from 4pm on 24 December (or 22 or 23
December if 24 December falls on a Saturday or Sunday respectively) to 6am on:
-
3 January, if 1 January falls on a Monday, Tuesday or Wednesday
-
4 January, if 1 January falls on a Sunday
-
5 January, if 1 January falls on Thursday, Friday or Saturday.
Note: Implementation and enforcement of the lower speed tolerance outside the official
holiday periods must be approved in writing by the Assistant Commissioner: Road
Policing or on the direction of the Police Executive.
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Use of discretion
Applying discretion to speeding offences should be considered in line with the following
principles.
• Police will always consider driver explanations.
• Discretion should be exercised wisely and within the guidelines of this chapter.
• A driver must show exceptional mitigating circumstances to justify being issued a
warning for a trauma-causing offence.
• Police will treat all offending drivers fairly and consistently.
Police may exercise greater discretion when enforcing offences not directly related to
speed or trauma (e.g. a warrant of fitness that has expired within a month of the vehicle
being stopped by Police). Refer to the ‘Traffic compliance scheme’ chapter.
School zones
A school zone is designated as a single named road, no more than 250 metres from the
school boundary, on which any direct school access exists. Early childhood centres can
be ‘school zoned’ if a road sign identifies where the centre is.
To protect children and vulnerable road users near schools, speed limits are enforced on
a risk-targeted basis between 7:30am and 6pm on any school day or any other time
there is a school activity or event. This may include sports activities and drama nights.
Unless there are exceptional circumstances, any driver detected travelling at a speed of
more than 4 km/h above the school zone speed limit
must be issued an offence notice.
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Speed enforcement by officers
This section contains the following topics:
• Tactics
• Police vehicle speedometers
• Estimated speeds
• Pace checking
• Who can use radar/laser equipment?
• Certification standards
• Calibration testing
• Deployment of radar/laser equipment
• Motorcycle officers
• Interference with operation of speed measuring device
• Roles and Responsibilities
Tactics
Good tactics must be employed to ensure speed detection and enforcement does not
pose unnecessary risks to public and police safety.
Care must be taken when performing a U-turn, and red and blue emergency lights
should be used promptly so that drivers become aware of the Police presence and pull
over at the earliest possible opportunity.
Police should not accelerate unnecessarily fast from stationary mode for the purpose of
speed enforcement.
Police vehicle speedometers
Police vehicles used for speed enforcement purposes must have their speedometers
calibrated annually by appropriately qualified personnel trained by PCS and duly
authorised for that purpose by the Commissioner of Police. When vehicles pass
calibration, a Certificate of Accuracy Speedometer and/or Odometer (POL430) is issued.
Estimated speeds
An estimated speed is an assessment made by Police of a motor vehicle observed to be
travelling at a speed well in excess of the prescribed speed limit. The offending driver’s
speed has not or could not be detected by the use of any speed detection equipment or
by any pace checking.
In estimating the driver’s speed, Police should rely on their experience in assessing
speed. This should include proven experience with operating Police speed detection
equipment, and:
• the relative speed of other traffic in relation to the alleged drivers speed, or
• any admission by the driver, or
• the speed of the offending driver relative to a patrol vehicles speed.
Drivers cannot be issued an Infringement Offence Notice (ION) for an estimated excess
speed. The offence must be proceeded with by way of a charging document.
Pace checking
Pace checking is a form of speed enforcement using the Police vehicle’s certified
speedometer to establish the speed of the target vehicle. In general, this should be
conducted at a constant speed over a distance of not less than 250 metres. If Police
drive above the speed limit to gather evidence of an alleged offence, then Police are
reliant on the defences under the Land Transport (Road User) Rule 2004 and the Land
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Transport Act 1998 for non-compliance with certain traffic rules and regulations where
compliance would prevent the execution of that duty.
An appropriate following distance should be maintained according to the Land Transport
(Road User) Rule 2004.
Police must drive at an appropriate speed and manner and bear in mind that they:
• are individually legally responsible for their actions
• must prioritise public and police safety
• must adhere to the ‘Urgent duty driving’ chapter.
Pace checks must not be carried out in temporary speed limit areas or school zones. Any
enforcement in temporary speed limit areas or school zones must be by way of
estimated speed, radar/laser, mobile speed cameras and static speed cameras.
Prior to an ION or charging document being issued, the speedometer accuracy certificate
of the Police vehicle must be reviewed in order to obtain the true speed of the alleged
speeding driver. Any discrepancy between the Police vehicle speedometer and the actual
speed can then be taken into account.
For example, the following is taken from a Police vehicle Certificate of Accuracy
(POL430).
Results of test in kilometres per hour
Vehicle
30 40 50 60 70 80 90 100 110 120 130 140 150
speedometer
True speed
29 39 49 59 69 78 88 98 108 118 128 138 148
If a vehicle was pace checked at 120 km/hr, then the ION would be issued for 118
km/hr.
Note: Police vehicle speedometers must be calibrated within a 12 month period. IONs
and charging documents cannot be issued after pace checking unless the Police vehicle’s
speedometer is currently certified.
Who can use radar/laser equipment?
Only Police who hold or are undergoing supervised training for a Certificate of Proficiency
for New Zealand Police Speed Enforcement Equipment may use radar/laser equipment.
If radar/laser equipment is deployed from a vehicle, it must be from a Police owned or
operated vehicle.
Note:
All radar/laser equipment used by Police must be operated in accordance
with the Speed Detection Equipment Operators Manual. Certification standards
Section 146 of the Land Transport Act 1998 requires all speed enforcement equipment to
be calibrated within a 12 month period. This includes:
• laser speed detection devices
• Police vehicle radar speed detectors and tuning forks
• Police vehicle speedometers.
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Note: Speed enforcement equipment that has not been calibrated within the last 12
months and issued with a current certificate of accuracy must
not be used for speed
enforcement purposes.
Calibration testing
Police Calibration Services (PCS) subjects all radar/laser equipment and Police vehicle
speedometers to calibration testing to ensure the equipment is functioning in accordance
with the manufacturer’s specifications and accurately records a vehicle’s speed. PCS
advises districts when their equipment is due for calibration, and holds the certificates of
accuracy for every device.
Deployment of radar/laser equipment
Radar/laser equipment can be used on all roads, but must be deployed in the following
manner.
Ensure Note
Equipment is operated in accordance
If deployed for speed enforcement
with the Police Speed Detection
purposes. This means laser speed
Equipment Operators Manual,
enforcement equipment can be used only
appropriate to the device being used.
when stationary.
When speed is enforced in an area where Unless there is good reason to do so, such
drivers are transitioning from a higher
as ensuring the safety of children.
speed to a lower speed area, Police are
not positioned within 250 metres from
This does not apply in school zones or
the point where the posted speed
temporary speed limit areas.
changes, and vehicles are not targeted
within 250 metres from the point where
the posted speed changes.
When speed is enforced in stationary
This is to ensure drivers do not brake at
mode, Police are not positioned within
high speed, thus causing risk. However,
250 metres of a final merge of a passing enforcement in mobile mode may occur
lane, and vehicles are not targeted
anywhere.
within 250 metres of a final merge of a
passing lane.
When vehicles are used to operate speed Police have an exemption from parking
enforcement equipment, they are parked related offences that arise under the Land
in accordance with the Land Transport
Transport (Road User) Rule 2004, by
(Road User) Rule 2004, or any bylaws in
virtue of clause 1.8(3)(b) where the
force for that location.
action was necessary in the performance
of duty. However, this exemption should
be used in limited circumstances.
Despite the general exemption under the
Land Transport (Road User Rule) 2004,
for the purposes of staff and public safety
it is a requirement that during the hours
of darkness an enforcement vehicle is
illuminated from a light source so that it is
visible
or vehicle park lights are operated
when conducting speed checks or any
similar enforcement, when stationary on
the roadside.
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All radar/laser equipment must be
Unless there is a specific operation
operated in an overt manner. Hidden or
targeting offending consisting of:
camouflaged deployment must not be
• sustained loss of traction
used.
• engagement in an unauthorised street
or drag race
• dangerous or reckless driving
• breaches of heavy motor vehicle (HMV)
rules
• another type of operation that cannot
be effectively or safely conducted using
overt means.
Such speed enforcement operations
(involving hidden or camouflaged
deployment) must have written operation
orders and have prior written approval
from the District Road Policing Manager.
In the case of HMVs, prior written
approval should be gained from the
Manager: Commercial Vehicle
Investigation Unit at PNHQ.
Unmarked patrol vehicles may be used for
speed enforcement. However, Police are
reminded of the risks associated with
speed enforcement from these vehicles.
Motorcycle officers
Motorcycle officers who have completed the Motorcycle Qualifying Course and are
trained and certified in the use of laser devices from Police motorcycles (in accordance
with the Police Speed Detection Equipment Operators Manual) can enforce speed limits
of traffic travelling in the same direction and on the same side of the road as their
motorcycle is parked.
Any offending vehicle can be signalled to stop, or may be followed and stopped where it
is safe or practicable to do so after full consideration of the risks involved to both the
motorcycle officer and other road users.
Interference with operation of speed measuring device
It is an offence to use or possess any equipment designed to interfere with the operation
of a speed-measuring device (radar jammer) in a motor vehicle (section 16B of the Land
Transport Act 1998).
Specimen
Offence Penalties
Charge
B404
Used equipment in a vehicle that interfered
Infringement fee $50,
with a speed measuring device
25 demerit points
B405
Had equipment in a vehicle designed to
Infringement fee $50,
interfere with a speed measuring device
25 demerit points
Note: It is
not an offence to use a radar/laser detector.
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Roles and responsibilities
Role
has responsibility for ensuring
District Commander
• this chapter is implemented in their district
(or their delegated
• staff are trained and certified to use the equipment they
representative)
operate in accordance with this chapter
• all speed enforcement equipment is presented for calibrating
when required
• all reasonable measures are taken to ensure equipment is
well looked after and operated correctly
• that if any radar or laser equipment supplied to a district is
lost or damaged (ie, outside normal operational wear or
usage), the equipment is replaced or repaired
• only certified speed enforcement equipment is used
• training records are maintained updated and held in the
district
• breaches of this chapter are reported to the National
Manager: Road Policing.
National Manager:
• the appropriate authority is gained before new speed
Road Policing
enforcement equipment is deployed and certified
• PCS completes annual certifications of accuracy for speed
enforcement equipment
• support to districts is provided as appropriate
• audit adherence to this chapter.
Manager: Crash
• a database is maintained and certificates of proficiency
Investigation and
produced for all Police who have passed the Speed Detection
Calibration Services
Code of Operations module
• the approval system for Police vehicle speedometer
calibration is managed
• calibration of all radar equipment every 12 months
• calibration of all mobile and static speed cameras every 12
months
• calibration of all laser equipment every 12 months
• inspection and certification of static camera sites every 12
months.
Police involved in
• they adhere to this chapter
speed enforcement
• they complete daily operating checks and log books
• they adhere to the Speed Detection Equipment Operators
Manual.
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Speed camera enforcement
This section contains the following topics:
• Who can use speed camera enforcement equipment?
• Roles and responsibilities
Speed cameras have a proven history of reducing speed-related crashes internationally.
These cameras assist Police to reduce serious and fatal crashes on New Zealand roads.
Police is working with its road safety partners and communities to reduce vehicle speeds.
Police works strategically with the National Road Safety Committee and at district,
territorial local authority, and area levels to develop Road Safety Action Plans. All these
groups run speed management operations, including deployment of speed cameras.
Traffic safety cameras have been used in New Zealand since 1993. Camera-based
enforcement has been carried out using a mix of mobile (vehicle-mounted) and static (or
fixed) cameras.
Speed camera enforcement is managed by Police Calibration Services (PCS) in
conjunction with District Road Policing Managers (RPMs).
Standard operating procedures explain how to download data and undertake other
activities associated with the static cameras. The procedures are available from the
Manager: Crash Investigation and Calibration Services.
Note: The use of Police vehicle speedometers and radar and laser equipment is covered
in the ‘Speed enforcement’ section of this chapter.
Who can use speed camera enforcement equipment?
Only Police trained and certified to operate specific speed camera equipment may
operationally deploy such equipment. Equipment may only be used from Police -owned
or -operated vehicles (if operating a mobile camera).
Roles and responsibilities
Roles
Responsible for ensuring
District Commander
• this chapter is implemented in their district
(or their delegated
• employees are trained to use the relevant speed camera
representative)
enforcement equipment
• all speed enforcement equipment used has a current and
valid certificate of accuracy
• all reasonable measures are taken to ensure the equipment
is well looked after
• any speed enforcement equipment that is lost or damaged,
(beyond normal operational wear or usage) is replaced or
repaired
• mobile speed camera site applications are reviewed and
approved before forwarding to the PCS
• breaches of this chapter are reported to the National
Manager: Road Policing.
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National Manager:
• all speed camera equipment is approved and certified before
Road Policing
deployment
• that PCS regularly tests and re-certifies speed camera
equipment
• districts are supported with their speed enforcement
programmes as appropriate
• audit adherence to this chapter.
Police Infringement
• images are verified before notices are issued
Bureau (PIB)
• notice explanations are adjudicated fairly and consistently
• the original of all deployment register sheets is stored.
Manager: Crash
• all speed camera operators are trained
Investigations and
• all speed camera operator training records are maintained
Calibration Services
• appropriate speed camera sites are approved
• all speed cameras and speed camera sites are maintained by
an external service agency
• all speed camera certificates of accuracy are retained
• copies of speed camera certificates of accuracy are supplied
for disclosure
• all mobile and static speed cameras are regularly calibrated
with not more than 12 months between certifications
• annual inspection and certification of static camera sites.
Road Policing
• the speed camera enforcement programme is continually
Performance and
monitored.
Reporting Team
Speed camera
• compliance with this chapter
operators (mobile and
• compliance with speed camera deployment and health and
static)
safety procedures
• mobile camera checks and deployment registers are
completed and sent to PIB daily
• each static camera’s deployment register is updated on each
visit to the camera and left in the side cabinet
• data is manually downloaded from each static camera every
2–5 days (depending on volume of traffic at each site)*
• all equipment faults or other problems are reported to PCS
promptly.
* A manual process for extracting images from the static cameras, copying them to
DVD, and delivering the DVD to PIB will be followed until the Police ICT system and
infrastructure can utilise the wireless capabilities of the new static camera system and
data can be downloaded remotely from the camera. This chapter will be revised and
reissued at that point.
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Speed camera site selection and deployment
This section contains the following topics:
• Site selection process for static and mobile cameras
• Criteria for static speed camera sites
• Criteria for mobile speed camera sites
• Mobile speed camera deployment
• School zone mobile speed camera areas
- School zone overview
- School zone site selection
- School zone speed enforcement
- Speed camera vehicle deployment standard
Static and mobile speed cameras may be used at approved sites (selected to reduce
crashes caused by speed).
Site selection process for static and mobile cameras
This table below summarises the site selection process for static and mobile speed
cameras sites.
Stage Process
1
A formal Sites Selection Methodology was used to rank all state highways and
other roads across the country on the basis of their proven crash risk. The
highest risk sites that are physically suitable for a static camera have been
selected; other high-risk sites have been considered for other forms of
enforcement activity (such as a mobile camera).
The Sites Selection Methodology is objective, rigorous, and defensible and has
been applied nationally and consistently.
Future static speed camera sites will be selected on the basis of their proven
risk (as determined from the Sites Selection Methodology) and their suitability
for a static camera (or if the site is unsuitable, a mobile camera).
2
For static camera sites, consultation must be undertaken by the National
Manager: Road Policing (or their nominee). For mobile camera sites,
consultation must be undertaken by the District Commander (or their
nominee).
For both static and mobile camera sites, consultation
must be undertaken
with the:
• relevant road controlling authority (whether NZTA, a territorial local
authority, or Auckland Transport)
• New Zealand Automobile Association.
Consultation
may also be undertaken with community groups such as:
• road transport associations
• local iwi or hapū
• school representatives
• Road Safety Committees
• commerce groups
• area health boards
• any other interested party.
The consultative group must consider whether the objectives can be met by
other means such as traffic engineering or education.
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3
When proposing a new speed camera site, consideration must be given to:
• site definition, ensuring a single named roadway
• readily identifiable location site commencement and end points
• engineering improvements taken or proposed
• whether the posted speed limit is lawful
• a synopsis of evidence to support the site – such as the number of speed
related crashes and traffic analysis data.
4
Complete the Speed Camera Site Selection form or the Speed Camera Site
Selection - School Zone form. Submit the form to the RPM for review. The
RPM, if in agreement, will forward the form to PCS for approval. These forms
are available from the Road Policing section of Police forms in MS Word.
5
The Manager: Crash Investigation and Calibration Services reviews the
proposed speed camera site, based on the submitted form, and advises the
District Road Policing Manager of the outcome of this consideration (approved
or not approved).
Note: Copies of Speed Camera Site Selection forms should be held within
district and the original at the PCS to ensure traceability.
6
Speed camera site reviews to identify changing vehicle and site dynamics
should occur regularly (no more than five yearly) for both static camera sites
(by the National Manager: Road Policing or their nominee) and for mobile
camera sites (by the District Commander or their nominee).
Criteria for static speed camera sites
A static speed camera is a permanent pole installation at an approved speed camera
site. The site may or may not have an active camera. Static cameras detect vehicle
speed using radar and laser.
A location with a proven crash risk that warrants consideration as a static camera site
must meet the following criteria.
• The camera, flash unit, and speed sensor must have clear lines of sight.
• The road must be straight and of a constant slope for 100 metres.
• The cellular phone signal at the site must be sufficient.
• There must be easy and safe access to the site that will not interfere with traffic
flows.
• If the camera is in an area where drivers are transitioning from a higher speed to a
lower speed area, the camera must not be located within 250 metres from the point
where the posted speed changes, and vehicles must not be targeted within 250
metres of the point where the posted speed changes. This restriction does not apply
in school zones or temporary speed limit areas.
• The camera must not be located within 250 metres of the final merge of a passing
lane and vehicles must not be targeted within 250 metres of the final merge of a
passing lane.
• The site must have access to a power source within 230-240VA.
Additionally:
• the camera unit must be able to face south to avoid potential sun strike
• the equipment must be able to be secured
• the equipment must be protected from errant vehicles
• no large permanent metal objects are in the radar zone
• there can be no temporary blocking objects (eg, buses at bus stops)
• any underground services will not be negatively affected by the construction of the
infrastructure necessary for a startic camera.
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It must also be confirmed that the proposed site will not be subject to engineering
changes within the next two years.
Criteria for mobile speed camera sites
A mobile speed camera is located in a Police vehicle that can be moved to any approved
speed camera site. Mobile sites should be no longer than 5 km in rural areas, or three
blocks in urban areas. Mobile sites may be adjoining, but each must be selected
independently.
Mobile speed camera deployment
A mobile speed camera vehicle must be deployed in the following manner.
1
A speed camera vehicle
must be legally parked. If it is dark, the vehicle
must have its park lights on.
2
A speed camera vehicle
must be deployed so it is visible to traffic. The speed
camera vehicle
must not be hidden.
3
The position in which the speed camera vehicle is parked must, so far as is
practicable, be at the optimal distance from the normal traffic lanes to ensure the
safety of the operator and best quality photography, (ie, about 1½ lane widths
away from the normal path of vehicles).
4
When the speed camera vehicle is being deployed on a roadway, the speed camera
vehicle tailgate
must be fully extended or closed.
5
A speed camera vehicle may park on private land, if the occupier of the land gives
clear permission for such use.
6
A speed camera vehicle must be parked on a straight section of road, so the
operator has adequate reference points for aligning the camera. This ensures any
vehicle being measured or photographed is travelling on a straight section of road
at that time.
7
If a speed camera vehicle is deployed in an area where drivers are transitioning
from a higher speed to a lower speed area, it
must not be positioned within 250
metres from the point where the posted speed changes, and
must not target
vehicles within 250 metres from the point where the posted speed changes. This
restriction does
not apply in school zones or temporary speed limit sites.
8
While a speed camera vehicle may be deployed within a section of road designated
as a passing lane, it
must not be positioned within 250 metres of the final merge
of the passing lane and
must not target vehicles within 250 metres of the final
merge of a passing lane.
9
When a camera is operational at a site, a second camera must not be deployed in
the same site or an adjoining site.
10 When a speed camera is deployed in a school zone speed camera site, it must be
operated only:
• between 7:30am to 6pm on a school day; or
• at any other time that a school activity occurs, including sports activities held on
school grounds.
School zone mobile speed camera sites
School zone overview
A school zone is designated as a single named road, no more than 250 metres from the
school boundary, on which any direct school access exists. Early childhood centres can
be ‘zoned’ as school zones, if a road sign identifies where the centre is.
School zone site selection
Districts must complete the Speed Camera Site Selection - School Zone form (POL 581)
for a school site that requires attention. School sites do not require a history of speed-
related crashes.
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Page 14 of 20
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These sites, identified through specific site codes, will automatically have the lower
tolerance applied when the camera is deployed. Any ensuing notices must include
reference to the school concerned.
Speed camera vehicle deployment standard
See the ‘Mobile speed camera deployment’ section.
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Speed camera deployment data and images
This section contains the following topics:
• Mobile and static cameras use digital media
• Send DVDs to the Police Infringement Bureau (PIB) within five days
• Static camera incident control number
Mobile and static cameras use digital media
The speed cameras record images and statistical deployment data onto a DVD.
Send DVDs to the Police Infringement Bureau (PIB) within five days
To avoid undue delay in instituting proceedings, all DVDs containing downloaded images
from camera deployments must be sent to PIB no later than five days after the first
image is recorded.
Standard operating procedures explain how a camera operator or technician is to
download data and send it to PIB
. Static camera incident control number
Every image is identified by a nine-digit incident control number (ICN) is generated at
the same time as the image and incorporated into it. This numbering system enables
every image to be traced. See the examples below.
The integrity of the speed camera programme is maintained by ICN accuracy.
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Legal framework for speed enforcement
This section contains the following topics:
• Speeding offences
- Liability for moving vehicle offences
- Defences against proceedings
• Approved vehicle surveillance equipment
• Certification standards
• Speed camera equipment certificates of accuracy
• Evidential sufficiency of approved vehicle surveillance equipment image
Speeding offences
Liability for moving vehicle offences
Section 133 of the Land Transport Act 1998 provides that proceedings may be taken
against any person who, at the time of the offence, was:
• the person allegedly committing the offence
• the registered owner or one of the owners of the vehicle involved
• lawfully entitled to possession of the vehicle, whether jointly owned or not, regardless
of whether that person is an individual or was the driver or person in charge of the
vehicle at the time.
Defences against proceedings
It is a defence to proceedings under section 133 of the Land Transport Act 1998, where
enforcement action is taken against the registered owner/owners, that at the time the
offence was committed:
• the person driving was not lawfully entitled to possession of the vehicle, whether
jointly owned or not; or
• another person was driving the vehicle; and
-
immediately after becoming aware of the alleged offence, the person advised the
enforcement authority in writing of these things, and
-
the person gives the enforcement authority a statutory declaration:
identifying the driver, by giving their name and address; or
other particulars that might lead to identification; or
establishing that they could not identify the driver, after taking all reasonable
steps to do so.
Approved vehicle surveillance equipment
The Land Transport Act 1998 provides the legal framework for speed cameras by
defining approved vehicle surveillance equipment (AVSE) that can detect moving vehicle
offences. Only AVSE approved by the Minister of Police by way of a notice in the New
Zealand
Gazette is allowed to be used to enforce speeding offences.
There are four approved AVSE speed camera devices operating in New Zealand. The
statutory regulation numbers for the relevant gazetted Land Transport (Approved Vehicle
Surveillance Equipment) Notices are shown in this table.
Publication Approving
1994 – SR 1994/202
• AutoPatrol PR-100NZ (the now superseded model of
Transport (Approved Vehicle
radar-based mobile camera)
Surveillance Equipment)
• AutoPatrol SP-200 (the current static or pole-
Notice 1994
mounted speed camera that is currently being
replaced)
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(No 2) 2008
• REDFLEXradarcam camera system (the mobile radar-
SR 2008/447 Land
based speed camera system)
Transport (Approved Vehicle
Surveillance Equipment)
Notice (No 2) 2008
2013 - SR 2013/5 Land
• NZREDFLEXdual-radar static camera system
Transport (Approved Vehicle
Surveillance Equipment)
Notice 2013
2014 – SR 2014/191 Land
• REDFLEXspeed Radar NK7 static camera system (a
Transport (Approved Vehicle
digital camera system that is progressively replacing
Surveillance Equipment)
the wet-film static cameras and replaces the older-
Notice 2014
model digital static camera as used at Ngauranga
Gorge)
Certification standards
Testing and issuing of Speed Camera and Tuning Fork Certificates of Accuracy are
covered by section 146 of the Land Transport Act 1998. This section requires the
Certificate of Accuracy to have not been issued more than 12 months before the date of
the alleged offence.
Section 146 of the Land Transport Act 1998 mandates testing and calibration for:
• radar and laser speed detection devices
• mobile and static speed cameras
• static speed camera sites
• tuning forks.
Note: Whenever
a speed camera has been repaired, it must be returned to Police
Calibration Services for testing and recertification if required. Any speed enforcement
equipment without a current Certificate of Accuracy must
not be used for speed
enforcement. Note also that radars and lasers undergo this same testing.
Speed camera equipment certificates of accuracy
PCS calibrates all speed camera equipment.
PCS advises districts when their speed camera equipment is due for calibration and holds
the original certificates of accuracy for every camera and tuning fork. A copy of the
calibration certificate must be kept at the district to which the equipment has been
assigned.
The absence of a current certificate may not jeopardise a prosecution, as long as a Police
witness can give evidence that testing was carried out and the equipment was found to
be accurate.
Note: When the accuracy of the device is in question, the defendant must make an
application not less than 14 days before the hearing, for the production of the certificate
of accuracy (section 146 of the Land Transport Act 1998).
Evidential sufficiency of approved vehicle surveillance equipment image
Section 145(1) of the Land Transport Act 1998 covers the evidential sufficiency of a
moving vehicle image taken by AVSE. The image must show or record:
• a motor vehicle on a road
• the speed of the vehicle
• the location of the vehicle
• the date and time when the image was taken.
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In the absence of proof to the contrary, this is sufficient for the image to be produced in
evidence for a moving vehicle offence.
Note: Section 55 of the Land Transport Act 1998 makes it an offence to tamper or
interfere with AVSE or with the operation of AVSE.
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